Proposed Legislation Will Permit Ticketed Outdoor Events in 2021

Permits for outdoor concerts and other cultural events, which were halted in 2020 due to coronavirus concerns, likely will become available again in 2021.

New York's City Council voted unanimously on December 10 in favor of the proposed Open Culture program, modeled on the city’s popular Open Streets and Open Restaurants initiatives. The new program would expedite permits for outdoor music, dance, comedy, and other performances. These events could begin on March 1, 2021.

Councilman Jimmy Van Bramer (D-Queens), who serves as the chair of the City Council's Cultural Affairs & Libraries Committee, introduced and co-sponsored the bill in August. He expects Mayor Bill De Blasio will sign it into law. The Mayor's Office of Citywide Event Coordination and Management would administer the program.

The Eric Paulin Quintet in Tompkins Square Park

The Open Culture program would allow eligible cultural institutions and venues to apply for permits and use approved open spaces for artistic or cultural events. It will allow for ticketed concerts, plays, sketches and other entertainment on city streets and other open spaces. The program would remain in effect until October 31, 2021, with the possibility of extension until March 31, 2022. All events must abide by the state and city COVID guidelines.

SoulCake at the Nexus Holiday Market & Flea at Peretz Square

Baby Machine at the Nexus Holiday Market & Flea at Peretz Square

Dmitry Wild (left) with Seaton Hancock at the Nexus Holiday Market & Flea at Peretz Square

The city’s street activity permit process, suspended at the start of the pandemic, is usually limited to nonprofit events, particularly religious or political events. Under the new bill, applicants only need to self-certify that they are complying with COVID safety rules.

The Open Culture program will expedite permits allowing for the staging of special events at designated outdoor spaces. The bill does not appear to regulate entertainment at sidewalk cafés or curbside performances by buskers and troubadours. Typically, musicians who play in parks and on sidewalks do not apply for permits, as their performances would not be considered special events. Groups that use staging do apply for street activity and sound permits. The Parks Enforcement Patrol or officers from the local police precinct can ask performers without permits in public parks to turn off their amplification.

Davis Whitfield outside the Terremoto Coffee Room
(photograph by Seth Okrend)

The significance of the Open Culture bill is that larger concerts may resume, along with the sale of tickets. Ticketed concerts ended in New York City with the start of the COVID-19 pandemic in mid-March. In October, New York State Supreme Court Justice Frank Sedita III reversed the State Liquor Authority’s ban on advertising and ticketing live performances at liquor-serving establishments. Many local business owners remained unsure how this overrule impacted locally, so sidewalk cafés continued to present live music outdoors at no charge, with musicians performing for tips instead of admission charges.

Nora Balaban and Friends outside Pinky's Space

Gina Healy outside Caravan of Dreams

About 2,000 artists and groups that previously received funding from the city's Department of Cultural Affairs or one of the five borough-based arts councils will be able to apply online for permits to perform at certain outdoor spaces. Additional for-profit and not-for profit individuals and organizations can apply for a permit by partnering with any of the above groups. Applicants would pay $20 for participation in the program.

Leo Coltrane at Tompkins Square Park

The [Insert Name Here] Trio at Tompkins Square Park

Performances will be allowed in the dozens of miles already made available to restaurants and community uses through the Open Streets program already. The city's Department of Transportation would reveal a list of eligible open spaces by February 1, 2021.

New York State laws supersede local efforts, however. Ticketed events in New York City must abide by COVID-19 reopening guidelines set by New York State officials. The state presently limits the number of people who can gather for an outdoor event. This may or may not change by March 1.

Jack Gerhart on the corner of Ave. A and E. 11th St.